MEMORANDUM OPINION
No. 04-11-00440-CR
IN RE Christopher COOK
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Karen Angelini, Justice
Phylis J. Speedlin, Justice
Steven C. Hilbig, Justice
Delivered and Filed: July 13, 2011
PETITION FOR WRIT OF MANDAMUS DENIED
On June 24, 2011, relator Christopher Cook filed a petition for writ of mandamus,
complaining of the trial court’s failure to rule on his pro se petition for writ of habeas corpus.
However, counsel has been appointed to represent relator in the criminal proceeding pending in
the trial court for which he is currently confined. A criminal defendant is not entitled to hybrid
representation. See Robinson v. State, 240 S.W.3d 919, 922 (Tex. Crim. App. 2007); Patrick v.
State, 906 S.W.2d 481, 498 (Tex. Crim. App. 1995). A trial court has no legal duty to rule on
pro se motions or petitions filed with regard to a criminal proceeding in which the defendant is
represented by counsel. See Robinson, 240 S.W.3d at 922. Consequently, the trial court did not
1
This proceeding arises out of Cause No. 2010-CR-5325, styled State of Texas v. Christopher Cook, pending in the
227th Judicial District Court, Bexar County, Texas, the Honorable Philip Kazen presiding.
04-11-00440-CR
abuse its discretion by declining to rule on relator’s pro se petition filed in the criminal
proceeding pending in the trial court. Accordingly, the petition for writ of mandamus is denied.
TEX. R. APP. P. 52.8(a).
Additionally, relator filed an Application for Leave to File Petition for Writ of
Mandamus. No leave is required to file a petition for writ of mandamus in this court. TEX. R.
APP. P. 52. Therefore, relator’s motion for leave to file is DENIED as moot.
PER CURIAM
DO NOT PUBLISH
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